State v. Barnett, 70 So. 3d 1

Barnett was convicted by a jury of second degree murder and attempted second degree murder, with life imprisonment and 50 years respectively, to run consecutively.
The crimes involved the killing of Richard Eligah and stabbing/attempted murder of Herman White, followed by setting the mobile home on fire.
There were five knives recovered at the scene; cause of Eligah's death could not be determined, but inhalation of smoke occurred.
The trial court sentenced Barnett to life imprisonment without probation etc. for murder and 50 years for attempted murder, running consecutively; restitution of $15,000 to White was ordered.
Barnett did not file a motion to reconsider sentence; issues on appeal included nonunanimous verdict and sentence excessiveness.
The court of appeal affirmed both convictions and sentences, addressing the constitutionality of nonunanimous verdicts and whether the consecutive sentence was excessive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of nonunanimous verdict	Barnett argues Art. 782 nonunanimous verdicts are unconstitutional.	Barnett contends Louisiana permits nonunanimous verdicts in hard labor cases, violating Sixth Amendment.	Art. 782 constitutional; assignments lacks merit.
Excessiveness of consecutive sentences	50-year consecutive sentence plus life sentence is excessive given circumstances.	Consecutive sentences justified by gravity, prior history, and offenses; not disproportionate.	Not unconstitutionally excessive; consecutive terms supported by record; affirm.

State v. Bertrand, 6 So. 3d 738 (La. 2009) (upheld constitutionality of nonunanimous verdicts in hard labor cases)
State v. Edwards, 420 So. 2d 663 (La. 1982) (early validation of Article 782 jurisprudence)
State v. Simmons, 414 So. 2d 705 (La. 1982) (nonunanimous verdicts permissible in certain crimes)
State v. Jones, 381 So. 2d 416 (La. 1980) (nonunanimous verdict authority relied upon by court)
State v. Winslow, 55 So. 3d 910 (La.App. 2d Cir. 2010) (reaffirmed constitutionality of nonunanimous verdicts)
State v. Blow, 46 So. 3d 735 (La.App. 2d Cir. 2010) (nonunanimous verdicts sustained on appeal)
State v. Malone, 998 So. 2d 322 (La.App. 2d Cir. 2008) (articulates standards for nonunanimous verdicts)
State v. Divers, 889 So. 2d 335 (La.App. 2d Cir. 2004) (discusses review of consecutive sentences)
State v. Johnson, 962 So. 2d 1126 (La.App. 2d Cir. 2007) (requires articulation of factors for consecutive terms)
State v. Derry, 516 So. 2d 1284 (La.App. 2d Cir. 1987) (concurrent vs. consecutive sentencing discretion)
State v. Boudreaux, 945 So. 2d 898 (La.App. 2d Cir. 2006) (consecutive sentence justification considerations)